Legal Status of Women in IowaWilson, Jennie L. (Jennie Lansley)
History
Legal Status of Women in Iowa
Wilson, Jennie L. (Jennie Lansley)
Women -- Legal status, laws, etc. -- Iowa
A husband or wife may constitute the other his or her attorney in fact,
to control and dispose of his or her property for their mutual benefit,
and may revoke the same to the same extent and manner as other persons.
[§3401.] The fact of the marital relation does not, of itself, establish
the presumption that the husband is the agent of the wife, for the
transaction of business for her, but in order to bind her, he must be
expressly authorized to act as agent, or she must, after knowledge of
the act, expressly or impliedly ratify it. Such agency or ratification
may be established by circumstances, and the degree of evidence required
in such cases, is less than is necessary to establish an agency between
independent parties, or the ratification by the husband, of acts done by
the wife or his agent.
[Sidenote: Wages of wife.]
A wife may receive the wages of her personal labor and maintain an
action therefor in her own name, and hold the same in her own right; she
may prosecute and defend all actions at law or in equity for the
preservation and protection of her rights and property as if unmarried.
[§3402.] The husband is entitled to the wife's labor and assistance in
the duties and obligations growing out of the marriage relation, and to
her earnings, if she is not engaged in a separate business on her own
account; but her earnings for services performed for others than her
husband or acquired in carrying on an independent business, belong to
her alone. Such earnings may be invested in property and it will be
exempt from seizure for debts of her husband.
She may bring actions for injuries to herself, whether of person,
property or reputation in the same manner as if she were unmarried. If
she suffers personal injury by which the husband is deprived of her
services or society he has a right of recovery for such loss and for
expenses for medicine and medical treatment. The wife cannot recover in
such case, unless it appears that she has expended her own money in
payment of such expenses. If, at the time of the injury she is engaged
in a separate business, and death results, the husband may still recover
for loss of society and expenses, but an action for damages can be
brought only by the administrator of her estate. Although husband or
wife may maintain an action against the other for the recovery of
property, neither has a right of action for damages sustained by the
infliction of personal injury, and this is true even though the one
inflicting the injury has been criminally convicted and fined for the
assault.
[Sidenote: Property of one not liable for debts of the other.]
Public-domain text, read in full here on John Shaqi.
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